Contact Information. The New Silica Standard for General & Construction Industry CIHC 2016 San Diego

Transcription

1 The New Silica Standard for General & Construction Industry CIHC 2016 San Diego Contact Information David Kernazitskas, MSPH, CIH, CSP Occupational Safety & Health Standards Board December 9, Dave Thomas Chairman (Labor) Appointed 7/2/2010-6/1/2018 Executive Officer (Appointed by the Board) VACANT Management Representative Laura Stock Occupational Safety Representative 6/11/2012-6/1/2019 VACANT Occupational Health Representative Engineering Staff (as of 9/22/16) 1 Principal Safety Engineer 5 Senior Safety Engineers Legal Counsel Dave Harrison Labor Representative 6/11/2012 6/1/2019 Patty Quinlan Public Representative 6/16/2016 6/1/2020 Barbara Smisko Management Representative 6/11/2012 6/1/ Analysts Support Staff 3 4 The mission of the Occupational Safety and Health Standards Board is to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for California workers. The Board does not engage in enforcement activities, such as interpreting standards, investigating incidents or complaints, training, levying fines, or issuing elevator permits. Those are the duties of the Division of Occupational Safety and Health (Division). The Standards Board is the only agency in the state authorized to adopt, amend or repeal occupational safety and health standards or orders. In addition, the Standards Board maintains standards for certain areas not covered by federal standards or enforcement. These latter standards apply to elevators, aerial passenger tramways, amusement rides, pressure vessels, and mine safety training

2 Federal Changes Petition Decisions Appeals Board Decisions Variance Decisions DOSH Requests Standards Board members or staff Administrative direction Subscribe to the Public Hearing Notices Attend Board meetings Submit comments regarding rulemaking proposals Submit petitions Join advisory committees Reach out to Board staff as needed to learn about RM project status Monitor OSHSB website: OSHA Silica Regulatory Update (Webinar #0107, April 18, 2016) Federal Register Silica Final Rule: (16 Mb, 600+ pages) Silicosis Mortality Trends and New Exposures to Respirable Crystalline Silica United States, , Morbity and Mortality Weekly Report (MMWR), February 13, 2015 / 64(05); Final Rule Published on March 25, Reasons for the Rule Current permissible exposure limits (PELs) are formulas that many find hard to understand Construction/shipyard PELs are obsolete particle count limits General industry formula PEL is about equal to 100 µg/m 3 ; construction/shipyard formulas are about 250 µg/m 3 % Old PELs / % 11 Most Important Reason for the Rule Current PELs do not adequately protect workers Extensive epidemiologic evidence that lung cancer and silicosis occur at exposure levels below 100 µg/m

3 Exposure and Health Risks Health Benefits Exposure to respirable crystalline silica has been linked to: Silicosis; Lung cancer; Chronic obstructive pulmonary disease; and Kidney disease Healthy Lung OSHA estimates that once the effects of the rule are fully realized, it will prevent: More than 600 deaths per year Lung cancer: 124 Silicosis and other non-cancer lung diseases: 325 End-stage kidney disease: 193 More than 900 new silicosis cases per year Silicotic Lung Scope of Coverage Age Group (yrs) Overall Rate Male 23 1,347 1, Female Race White 22 1,214 1, Black Other Estimated under-reporting by a factor of 2.5 to 5. Three forms of silica: quartz, cristobalite and tridymite Exposures from chipping, cutting, sawing, drilling, grinding, sanding, and crushing of concrete, brick, block, rock, and stone products (such as in construction operations) Exposures from using sand products (such as glass manufacturing, foundries, and sand blasting) Industries and Operations with Exposures Construction Glass manufacturing Pottery products Structural clay products Concrete products Foundries Dental laboratories Paintings and coatings Jewelry production Refractory products Asphalt products Landscaping Ready-mix concrete Cut stone and stone products Abrasive blasting in: Maritime work Construction General industry Refractory furnace installation and repair Railroads Hydraulic fracturing for gas and oil Workers and Industries Affected 2.3 million workers: Construction: 2 million GI/Maritime: 300, ,000 establishments Construction: 600,000 GI/Maritime: 76,

4 Respirable Crystalline Silica Rule Two standards: One for general industry and maritime One for construction Similar to other OSHA health standards and ASTM consensus standards General Industry/Maritime Standard (a) Scope (b) Definitions (c) Permissible exposure limit (PEL) (d) Exposure assessment (e) Regulated areas (f) Methods of compliance (1) Engineering and work practice controls (2) Written exposure control plan (g) Respiratory protection (h) Housekeeping (i) Medical surveillance (j) Communication of silica hazards (k) Recordkeeping (l) Dates Construction (a) Scope (b) Definitions (c) Specified exposure control methods OR (d) Alternative exposure control methods PEL Exposure Assessment Methods of Compliance (e) Respiratory protection (f) Housekeeping (g) Written exposure control plan (h) Medical surveillance (i) Communication of silica hazards (j) Recordkeeping (k) Dates 41 Construction - Scope All occupational exposures to respirable crystalline silica are covered, unless employee exposure will remain below 25 μg/m 3 as an 8-hr TWA under any foreseeable conditions. 42 Construction - Specified Exposure Control Methods Table 1 in the construction standard matches 18 tasks with effective dust control methods and, in some cases, respirator requirements. Employers that fully and properly implement controls on Table 1 do not have to: Comply with the PEL Conduct exposure assessments for employees engaged in those tasks 43 Equipment / Task Handheld power saws (any blade diameter) Example of Table 1 Entry Engineering and Work Practice Control Methods Use saw equipped with integrated water delivery system that continuously feeds water to the blade. Operate and maintain tool in accordance with manufacturers instruction to minimize dust - When used outdoors - When used indoors or in an enclosed area Required Respiratory Protection and Minimum APF 4 APF 10 > 4 APF 10 APF

5 Equipment / Task Stationary masonry saws Example of Table 1 Entry Engineering and Work Practice Control Methods Use saw equipped with integrated water delivery system that continuously feeds water to the blade. Operate and maintain tool in accordance with manufacturer s instructions to minimize dust emissions. Required Respiratory Protection and Minimum APF 4 > 4 45 Equipment / Task Vehiclemounted drilling rigs for rock and concrete Example of Table 1 Entry Engineering and Work Practice Control Methods Use dust collection system with close capture hood or shroud around drill bit with a low-flow water spray to wet the dust at the discharge point from the dust collector. OR Operate from within an enclosed cab and use water for dust suppression on drill bit. Required Respiratory Protection and Minimum APF 4 > 4 46 List of Table 1 Entries Stationary masonry saws Handheld power saws Handheld power saws for fiber cement board Walk-behind saws Drivable saws Rig-mounted core saws or drills Handheld and stand-mounted drills Dowel drilling rigs for concrete Vehicle-mounted drilling rigs for rock and concrete Jackhammers and handheld powered chipping tools Handheld grinders for mortar removal (tuckpointing) Handheld grinders for other than mortar removal Walk-behind milling machines and floor grinders Small drivable milling machines Large drivable milling machines Crushing machines Heavy equipment and utility vehicles to abrade or fracture silica materials Heavy equipment and utility vehicles for grading and excavating Fully and Properly Implementing Controls Specified on Table 1 Presence of controls is not sufficient. Employers are required to ensure that: Controls are present and maintained Employees understand the proper use of those controls and use them accordingly Employees Engaged in Table 1 Tasks Employees are engaged in the task when operating the listed equipment, assisting with the task, or have some responsibility for the completion of the task Employees are not engaged in the task if they are only in the vicinity of a task 49 Respiratory Protection Requirements on Table 1 Respirators required where exposures above the PEL are likely to persist despite full and proper implementation of the specified engineering and work practice controls Where respirators required, must be used by all employees engaged in the task for entire duration of the task Provisions specify how to determine when respirators are required for an employee engaged in more than one task 50 5

6 Permissible Exposure Limit (PEL) Tasks not listed in Table 1 Where Table 1 requirements not properly implemented PEL = 50 µg/m 3 as an 8-Hour TWA Action Level = 25 µg/m 3 as an 8-Hour TWA Current PELS until 6/23/2017 Quartz, tripoli, fused silica 100 µg/m 3 Tridymite 50 µg/m 3 Cristobalite 50 µg/m Exposure Assessment Required if exposures are or may reasonably be expected to be at or above action level of 25 µg/m 3 Exposures assessments can be done following: The performance option The scheduled monitoring option Performance Option Exposures assessed using any combination of air monitoring data or objective data sufficient to accurately characterize employee exposure to respirable crystalline silica Objective Data Includes air monitoring data from industry-wide surveys or calculations based on the composition of a substance; Demonstrates employee exposure associated with a particular product or material or a specific process, task, or activity; Must reflect workplace conditions closely resembling or with a higher exposure potential than the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations. Scheduled Monitoring Option Prescribes a schedule for performing initial and periodic personal monitoring If monitoring indicates: Initial below the AL: no additional monitoring Most recent at or above the AL: repeat within 6 months Most recent above the PEL: repeat within 3 months When two consecutive non-initial results, taken 7 or more days apart, are below the AL, monitoring can be discontinued Reassess if circumstances change

7 Appendix A Methods of Sample Analysis Employers must ensure that samples are analyzed by a laboratory that follows the procedures in Appendix A Appendix A specifies methods of sample analysis Allows for use of OSHA, NIOSH, or MSHA methods Analysis must be conducted by accredited laboratories that follow specified quality control procedures Methods of Compliance Hierarchy of Controls Employers can use any engineering or work practice controls to limit exposures to the PEL Respirators permitted where PEL cannot be achieved with engineering and work practice controls The plan must describe: Tasks involving exposure to respirable crystalline silica Engineering controls, work practices, and respiratory protection for each task Housekeeping measures used to limit exposure Procedures used to restrict access, when necessary to limit exposures Construction Competent Person Construction employers must designate a competent person to implement the written exposure control plan Competent person is an individual capable of identifying existing and foreseeable respirable crystalline silica hazards, who has authorization to take prompt corrective measures Makes frequent and regular inspection of job sites, materials, and equipment Respiratory Protection Must comply with Title Respirators required for exposures above the PEL: While installing or implementing controls or work practices For tasks where controls or work practices are not feasible When feasible controls cannot reduce exposures to the PEL Housekeeping When it can contribute to exposure, employers must not allow: Dry sweeping or brushing Use of compressed air for cleaning surfaces or clothing, unless it is used with ventilation to capture the dust Those methods can be used if no other methods like HEPA vacuums, wet sweeping, or use of ventilation with compressed air are feasible

8 Construction Medical Surveillance Employers must offer medical examinations to workers: Who will be required to wear a respirator under the standard for 30 or more days a year. Employers must offer examinations every three years to workers who continue to be exposed above the trigger Exam includes medical and work history, physical exam, chest X-ray, and pulmonary function test (TB test on initial exam only) Medical Opinion Worker receives report with detailed medical findings Employer receives an opinion that only describes limitations on respirator use, and if the worker gives written consent, recommendations on: Limitations on exposure to respirable crystalline silica, and/or Examination by a specialist Communication of Hazards Employers required to comply with hazard communication standard ( 5194) Address: Cancer, lung effects, immune system effects, and kidney effects as part of HCS Train workers on health hazards, tasks resulting in exposure, this section, workplace protections, and medical surveillance Recordkeeping Must maintain records per 3204 for: Air monitoring data Objective data Medical records Employees must demonstrate knowledge and understanding Construction Compliance Dates Employers must comply with all requirements (except methods of sample analysis) by June 23, 2017 Compliance with methods of sample analysis required by June 23, 2018 Wednesday, December 14, 2016 in Sacramento Address concerns raised by construction employers during adoption of federal final rule: Existing exceptions in Concrete and Masonry Materials Addition of vacuum controls to parts of Table 1 Exception for rooftop work (similar to )

9 (1) Stucco, plastering material, or similar products. (2) Wall cladding, siding, or similar products. (3) Downward drilling. (4) Jack-hammering or chipping when that work is incidental to the scope of work or planned operations of a plumbing or landscaping activity. (5) Work with powder-actuated tools. (6) Work incidental to the installation of concrete and masonry materials such as the drilling of holes for plumbing fixtures. (7) Tile backer board when cut with powered shears or a dust reduction blade having a dust containment device. (8) Drywall or wallboard materials. (9) Mixing of mortar, concrete, or similar products. (10) Emergency operations. During the first 24 hours of an operation undertaken in response to an emergency, a dust reduction system is not required where it can reasonably be demonstrated or foreseen that use of a dust reduction system will materially impair the timely progress of the operation. For the purposes of this exception, ''emergency'' means an unexpected occurrence requiring immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. "Emergency" includes, but is not limited to, a fire, flood, earthquake or other soil or geologic movement, structural collapse, damage to a subsurface installation, terrorist act, or sabotage Guidance and Outreach Silica Rulemaking Webpage: Fact sheets FAQs Video Appendix B Medical Surveillance Guidelines Small Entity Compliance Guide: 73 Questions? Occupational Safety and Health Standards Board 2520 Venture Oaks Way, Suite 350 Sacramento, California Phone (916) ; Fax (916) oshsb@dir.ca.gov ; 9